Divide the class into groups of three to five students. Each group should develop answers to the following questions:

a. Based on what you read in this chapter, on what legal basis could the 61-year-old California attorney claim he was a victim of discrimination?

b. On what laws and legal concepts did the employer apparently base its termination of this 61-year-old attorney?

c. Based on what laws or legal concepts could you take the position that it is legal to fire someone for poor performance even though there may be a discriminatory aspect to the termination (which is not to say that there necessarily was such a discriminatory aspect with this case)?
d. If you were the judge called on to make a decision on this case, what would your decision be, and why?